Violation of a Custody Order in North Carolina
Missed exchanges, blocked time, or ignored decision-making? We move fast with clean evidence, the right motion, and orders that schools, police, and employers can follow.
What constitutes a violation of a custody agreement in NC?
Quick answer: A violation happens when a parent ignores clear terms of a North Carolina custody order, like missing or blocking exchanges, refusing communication, hiding school or medical info, breaking travel rules, or disregarding tie-breaker decision-making. Document it, then file for enforcement or contempt with a focused, evidence-based motion.
Your North Carolina Custody Enforcement Lawyer
Krispen Culbertson, North Carolina family lawyer with 20+ years handling contempt, make-up parenting time, pick-up orders, police assist provisions, and interstate UCCJEA enforcement.
Memberships: North Carolina State Bar; local family law sections. Courts: District Court calendars statewide with regular hearings in Guilford County.
Start by situation
Fast answers
What counts as a violation: missed or late exchanges, blocked calls, withholding school/medical info, refusing travel approvals, and ignoring tie-breaker terms.
Contempt tools: show-cause orders, make-up time, compliance plans, fees, and in serious cases, sanctions to secure future compliance.
Enforce vs. modify: enforce clear non-compliance; modify when facts materially changed or the plan no longer fits the child.
Police assist limits: officers won’t rewrite unclear orders. Clear “police assist” and civil-standby language prevents standoffs.
How custody enforcement works in North Carolina
We file a motion to show cause with your signed order, a dated violation timeline, and exhibits. The court sets a hearing, considers civil or criminal contempt, and can order make-up time, set compliance milestones, and award attorney’s fees where allowed.
Make-up time and compliance plans
Courts often restore time lost to violations. We propose practical exchanges, holiday adjustments, communication rules, and a step-down plan that keeps the child’s routine stable.
When a pick-up order is appropriate
For serious interference or safety risks, the judge can issue a pick-up order. We prepare sworn facts, location details, and narrow instructions so it can be carried out correctly.
Police assist and civil standby
Orders can include police assist or civil standby language. This tells agencies exactly what to do at exchanges, school releases, or medical offices.
Build a clean evidence packet
- Calendar of missed or late exchanges
- Texts, email, and app logs with dates and times
- School/medical records and release refusals
- Witness statements and location info for pick-up relief
Enforcing decision-making rights
If your order allocates legal decision-making or a tie-breaker, we enforce it with notices to schools, doctors, and plan administrators so your rights are honored.
Orders from outside North Carolina
To use an out-of-state order here, we register under the UCCJEA before enforcement. For support issues, we use UIFSA. Clean registration avoids delay.
Modify or enforce?
Enforce when the other parent won’t follow the order. Modify when facts materially changed. Often we do both in sequence: enforcement now, modification next.
What to bring and your first 72 hours
Documents checklist
- Signed custody order(s) and any later modifications
- Exchange logs, screenshots, missed-time list, travel plans
- School and medical portal messages, releases, and denials
- Police reports or civil-standby numbers if any
Your first 72 hours with our team
1) Intake & order audit
Confirm terms, decision-making, and violations.
2) Evidence pack
Build a dated timeline with exhibits and witnesses.
3) File
Motion to show cause with targeted relief.
4) Hearing strategy
Focused asks: make-up time, police assist, fees.
5) Next steps
Compliance check and, if needed, targeted modification.
FAQs
What is contempt in a custody case?
Will I get make-up time for missed visits?
Can police force an exchange?
Do I need to register an out-of-state order?
Should I modify the order instead of enforcing it?
How fast can the court act?
Why North Carolina families choose Culbertson & Associates
- 20+ years enforcing NC custody orders
- Orders schools, police, and employers can follow
- Focused hearings with practical, fast relief
- Clear timelines, costs, and next steps
Client reviews
Shawna L. — “They filed fast, proved the missed exchanges, and the judge ordered make-up time right away. The new order is working.”
Andre P. — “Mr. Culbertson added police-assist language so school staff knew exactly what to do. No more confusion at pick up.”
M. Ortega — “We registered our out-of-state order and enforced it in Greensboro. Clear plan, steady communication, and results.”
Kimberly R. — “Culbertson and Associates mapped out enforce vs. modify. We enforced first, then adjusted the schedule. It finally fits our child.”
T. Brooks — “Krispen focused the hearing on proof. The judge ordered compliance and fees. The calendar has been smooth since.”
J. Patel — “Practical, calm, and thorough. They turned a messy situation into clear steps my family could follow.”
Visit Our Greensboro Office
Culbertson & Associates
315 Spring Garden St Ste #300
Greensboro, NC 27401
(336) 272-4299 • culbertsonatlaw.com
Hours: Mon–Fri 8:30 AM–5:00 PM • Area served: North Carolina
Related resources: North Carolina Child Custody
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